Florida Non-Military Affidavit (Free PDF Form & Requirements)

A Florida non-military affidavit is a mandatory court filing used before a court or clerk may enter a default judgment against an individual defendant who has failed to respond to a lawsuit. Rather than serving as a general sworn statement, it confirms whether the defendant is protected by the federal Servicemembers Civil Relief Act (SCRA). Without a compliant affidavit, a default judgment may be delayed—or even reopened later if the defendant is found to have been on active military duty.

Whether you’re pursuing a civil lawsuit, eviction, foreclosure, small claims matter, or certain family law proceedings, filing an accurate affidavit of non military service Florida helps ensure the court respects federal military protections while allowing eligible default proceedings to move forward. Using the correct non military affidavit form Florida and documenting your due diligence are just as important as completing the affidavit itself.

Free Florida Non-Military Affidavit Template

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Our free Florida Non-Military Affidavit template follows the structure commonly used in Florida courts and aligns with:

• Florida Family Law Form 12.912(b) for family law proceedings
• General civil litigation default standards under Fla. R. Civ. P. 1.500 (while Fla. R. Civ. P. Form 1.988 governs final judgments after default, non-military verifications are submitted via standardized civil affidavits)
• Florida Small Claims default procedures where applicable

The template includes:

• Court caption
• Plaintiff and defendant information
• Three required military status declarations
• Space for supporting facts
• DMDC verification attachment reference
• Notary acknowledgment or Florida unsworn declaration
• Signature block

This template is appropriate for:

• Plaintiffs
• Attorneys
• Process servers
• Individuals requesting a Clerk’s Default or Default Judgment

Important limitation

A Florida Non-Military Affidavit applies only to individual defendants.

It should never be used when the defendant is:

• Corporation
• LLC
• Partnership
• Trust
• Other business entity

Business entities cannot serve in the U.S. military. Filing a military affidavit for an LLC or corporation demonstrates a procedural error and does not satisfy the court’s requirements.

What Is a Non-Military Affidavit in a Florida Case?

A Florida Non-Military Affidavit is a procedural safeguard—not simply another affidavit used to prove facts.

Federal law protects active-duty servicemembers from losing lawsuits through default judgments simply because military service prevented them from responding. Before granting a default judgment against a non-appearing individual, the court must know whether that person is entitled to those protections.

That is the purpose of this affidavit.

Instead of proving liability, the affidavit answers one procedural question:

Is the defendant currently protected by the Servicemembers Civil Relief Act?

Because of this narrow purpose, the affidavit is filed within an existing court case rather than as a standalone legal document.

Common proceedings requiring it include:

• Civil lawsuits
• Debt collection actions
• Foreclosures
• Residential eviction cases
• Certain family law matters
• Small claims cases

Its practical role is simple: it clears—or blocks—the path toward default depending on the defendant’s military status.

Key Florida & Federal Laws Governing Florida Non-Military Affidavit

The SCRA and Florida Default Judgment Rules

The SCRA establishes nationwide protections for active-duty servicemembers, while Florida’s procedural rules determine how those protections operate inside Florida courts. Together, they require plaintiffs to verify military status before obtaining a default judgment.

Equally important is the affidavit’s verification. Whether signed before a notary or completed as an unsworn declaration under Florida law, the signer is making statements under penalty of perjury. Unsupported assumptions or careless guesses expose the affiant to significant legal consequences.

What Happens After You File It

The next procedural step depends entirely on the military status declared in the affidavit.

Defendant is NOT on active duty

If the affidavit demonstrates that the defendant is not in military service and the remaining default requirements are satisfied, the clerk or court may proceed with entering default.

Defendant IS on active duty

Federal law prevents an immediate default judgment.

Instead:

• the court appoints an independent Attorney Ad Litem,
• the servicemember’s interests receive additional protection,
• proceedings may be stayed for at least 90 days if military service materially affects the ability to appear.

Military status cannot be determined

The plaintiff usually must provide additional evidence of due diligence before the court proceeds.

Simply checking “unknown” without explaining investigative efforts often delays the default process.

Skipping the affidavit

Failing to file a compliant affidavit creates substantial procedural risk.

If the defendant later establishes protected military status, the default judgment may become voidable and reopened after military service ends. Courts also take false affidavits seriously because knowingly misrepresenting military status may expose the signer to both federal criminal liability and Florida perjury charges.

When using Florida’s unsworn declaration procedure under Fla. Stat. § 92.525 instead of formal notarization, the document must include the verbatim statutory verification phrase:

“Under penalties of perjury, I declare that I have read the foregoing document and that the facts stated in it are true”

This exact statement must be printed directly above the signature line; substituting informal language or omitting the phrase invalidates the verification.

The Three Required Status Declarations (And How to Choose)

Florida practice recognizes three possible military status determinations.

1. Defendant IS currently on active duty

Select this only when available evidence confirms active military service.

Once this declaration is made, default procedures change significantly because additional protections become mandatory.

2. Defendant IS NOT currently on active duty

This declaration requires more than personal belief.

The affidavit should establish factual support that:

• the defendant is not currently serving,
• the defendant has not served on active duty during the previous 30 days,
• reasonable investigation supports that conclusion.

The strongest evidence usually comes from a Defense Manpower Data Center (DMDC) status certificate.

3. Military status cannot be determined

Sometimes available information is inconsistent.

Examples include:

• employer provides uncertain information;
• relatives disagree about military status;
• defendant cannot be located;
• identifying information is incomplete.

In these situations, the affidavit should explain the investigative steps already taken rather than making an unsupported assumption.

Courts generally expect documented due diligence instead of speculation.

A common mistake is selecting “Not in military” simply because the plaintiff has never known the defendant to serve. That assumption alone is rarely sufficient if challenged later.

Execution, Notarization & DMDC Verification

Completing the affidavit properly involves more than filling in blanks.

A practical workflow looks like this:

Step 1 — Investigate military status

Gather available identifying information and determine whether military service can be verified.

Step 2 — Obtain DMDC verification

Whenever possible, obtain an official Department of Defense Manpower Data Center certificate showing military status.

If a certificate cannot be obtained, document every reasonable effort made to verify service.

A “No Active Duty” DMDC Certificate Is Only as Good as the Information You Search

One mistake that causes avoidable challenges is treating every DMDC certificate as conclusive. The Defense Manpower Data Center can only search the identifying information you provide. If the defendant’s Social Security number, date of birth, or even the spelling of their legal name is incorrect, the certificate may report “No Active Duty” even though the search did not actually identify the right person.

In practice, if you do not have enough information to perform a reliable search, explain that limitation in the affidavit and describe the additional steps you took to verify military status, such as reviewing court records, prior contracts, employment records, or requesting identifying information obtained during service of process. Attaching a DMDC certificate generated from incomplete or questionable data without that explanation can weaken, rather than strengthen, your showing of due diligence.

The SCRA requires the affidavit to state whether the defendant is in military service or that the plaintiff is unable to determine military status after making a good-faith investigation. See 50 U.S.C. § 3931(b)(1). A carefully documented explanation of why the search could not be completed accurately is often more defensible than relying on an unreliable “No Active Duty” result alone.

Step 3 — Complete the appropriate declaration

Choose only one of the three required status statements and include supporting facts—not merely a checked box.

Step 4 — Execute the affidavit

Either:

• sign before a Florida Notary Public or Deputy Clerk, or
• execute the document using Florida’s authorized unsworn declaration language.

Step 5 — Attach supporting documentation

Rather than merely mentioning the DMDC search, attach the certificate as an exhibit whenever available. Courts commonly view attached documentation as stronger evidence of reasonable diligence.

Step 6 — File with the court

The affidavit is electronically filed through the Florida Courts E-Filing Portal with the Clerk of Court handling the pending case.

Operationally, it is filed simultaneously with—or immediately before—a Motion for Clerk’s Default or Motion for Default Judgment.

Limitations and When This Affidavit Doesn’t Apply

A Florida Non-Military Affidavit has a very specific purpose. It is designed to satisfy the court’s obligation under the Servicemembers Civil Relief Act (50 U.S.C. § 3931) before entering a default judgment against an individual who has not appeared in a case. Using it outside that context—or for the wrong type of defendant—can delay proceedings and create unnecessary procedural issues.

It does not apply to businesses or other legal entities

One of the most common filing errors is submitting a non-military affidavit for a business defendant.

This affidavit applies only to natural persons because only individuals can serve in the United States Armed Forces. It should never be used for:

• Corporations
• Limited Liability Companies (LLCs)
• Partnerships
• Trusts
• Government agencies
• Other legal entities

If your lawsuit is against a corporation or LLC that failed to respond, the court may still require proof supporting a default, but a military-status affidavit serves no legal purpose because an entity cannot claim SCRA protections.

It is not recorded in public land records

Unlike deeds, mortgages, or certain final judgments, a Florida Non-Military Affidavit is not a recordable real estate document.

Instead, it becomes part of the court file in the pending litigation. It generally appears in county public records only if attached as an exhibit to a recorded final judgment.

Filing the affidavit does not guarantee a default judgment

Many plaintiffs mistakenly believe filing the affidavit automatically entitles them to a default judgment.

It does not.

The affidavit satisfies only one procedural requirement. The court must still determine whether:

• service of process was valid;
• sufficient time has passed for the defendant to respond;
• all procedural requirements for default have been satisfied; and
• no federal military protections prevent the requested judgment.

Even after a default is entered, military status can become an issue if later evidence shows the defendant qualified for SCRA protection when the judgment was entered.

Common Mistakes That Get Default Judgments Reopened

Most challenges to default judgments do not arise because the plaintiff misunderstood the underlying claim. Instead, they stem from procedural shortcuts taken before requesting the default.

Assuming the defendant is not in military service

Perhaps the most frequent mistake is relying on personal assumptions instead of evidence.

Statements such as:

• “I don’t think they serve.”
• “I’ve known them for years.”
• “Their family said they weren’t in the military.”

are poor substitutes for documented verification.

Whenever practical, obtain a Defense Manpower Data Center (DMDC) certificate. If one cannot be obtained, explain exactly what investigative steps were taken before completing the affidavit.

Using the wrong Florida form

Florida has different procedural forms depending on the type of case.

For example:

• Family law proceedings commonly use Form 12.912(b).
• General civil litigation follows Form 1.988 conventions.
• Small claims actions follow separate procedural rules governing defaults.

Using language from an unrelated affidavit or another state’s form may require correction before the court proceeds.

Omitting supporting due diligence

Checking a military-status box without explaining why that conclusion was reached creates unnecessary risk.

Courts frequently expect supporting facts such as:

• DMDC verification;
• direct communication with the defendant;
• employer confirmation;
• observations documented by the process server; or
• other reasonable investigative efforts.

Attaching the DMDC certificate as an exhibit often strengthens the filing because it provides independent documentation supporting the affidavit’s conclusion.

Forgetting the required verification language

When the affidavit is not notarized, Florida law requires the statutory declaration contained in Fla. Stat. § 92.525.

Without the required perjury statement, the affidavit may not satisfy Florida’s verification requirements.

Filing a false affidavit

Knowingly misrepresenting military status carries consequences far beyond having the filing rejected.

Federal law authorizes criminal penalties for false military-status affidavits, while Florida law also recognizes criminal liability for perjury under Fla. Stat. § 837.02.

Landlords, lenders, and creditors who intentionally bypass SCRA protections in eviction proceedings or foreclosure proceedings also risk court sanctions, dismissal of their actions, and potential civil liability.

The practical consequence

If a default judgment is entered without a compliant affidavit and the defendant later proves they were entitled to SCRA protections, the court may reopen the judgment after military service ends. That can force the litigation to begin again, increasing legal costs, delaying enforcement, and undoing months of work that could have been avoided through proper compliance.

Frequently Asked Questions (FAQ)

Can a default judgment be reversed later if the non-military affidavit turns out to be wrong?

Yes. If a default judgment was entered without complying with the requirements of the Servicemembers Civil Relief Act, and the defendant later establishes that they were entitled to military protections, the judgment may be reopened under federal law. Beyond delaying the case, knowingly submitting inaccurate information can expose the affiant to criminal penalties.

Is a DMDC certificate legally required, or is my own due diligence enough?

Federal law requires the affidavit to state facts supporting the defendant’s military status. Although a DMDC certificate is not expressly mandated in every case, Florida courts commonly expect it or other well-documented evidence demonstrating reasonable due diligence. As a practical matter, attaching the certificate significantly reduces the likelihood of challenges to the affidavit.

What happens to my case if the affidavit shows the defendant is in active military service?

A default judgment generally cannot proceed in the ordinary course. Under the SCRA and Florida’s military protection framework, the court may appoint an Attorney Ad Litem to protect the servicemember’s interests and stay the proceedings for at least 90 days when military service materially affects the defendant’s ability to appear or defend the case.

Can I use one non-military affidavit for a foreclosure case and a separate eviction case against the same person?

No. A Florida Non-Military Affidavit is case-specific. Each lawsuit has its own court file, procedural history, and filing requirements. Even if both cases involve the same defendant, a separate affidavit should be prepared and filed in each action because the court evaluates military status within the context of the individual proceeding.